33 U.S.C. § 59x — Exemption from General Bridge Act of 1946

Page 22 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 59x Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Public Works and Transportation of House of Representatives treated as referring to Com- mittee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Con- gress. § 59x. Exemption from General Bridge Act of 1946 (a) Waters declared nonnavigable The waters described in subsection (b) are de- clared to be nonnavigable waters of the United States for purposes of the General Bridge Act of 1946 (33 U.S.C. 525 et seq.). (b) Waters described The waters referred to in subsection (a) are a drainage canal which— (1) is an unnamed tributary of the creek known as Newton Creek, located at block 641 (formerly designated as block 860) in the city of Camden, New Jersey; (2) originates at the north bank of Newton Creek approximately 1,200 feet east of the con- fluence of Newton Creek and the Delaware River; and (3) terminates at drainage culverts on the west side of Interstate Highway 676. (Pub. L. 100–448, § 16, Sept. 28, 1988, 102 Stat. 1845; Pub. L. 100–457, title III, § 325, Sept. 30, 1988, 102 Stat. 2150.) Editorial Notes REFERENCES IN TEXT The General Bridge Act of 1946, referred to in subsec. (a), is title V of act Aug. 2, 1946, ch. 753, 60 Stat. 847, which is classified generally to subchapter III (§ 525 et seq.) of chapter 11 of this title. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 525 of this title and Tables. CODIFICATION Pub. L. 100–448 and Pub. L. 100–457 enacted identical sections. § 59y. Declaration of nonnavigability for portions of Coney Island Creek and Gravesend Bay, New York (a) Area to be declared non-navigable; public in- terest Unless the Secretary finds, after consultation with local and regional public officials (includ- ing local and regional public planning organiza- tions), that the proposed projects to be under- taken within the boundaries in the portions of Coney Island Creek and Gravesend Bay, New York, described below, are not in the public in- terest then, subject to subsections (b) and (c) of this section, those portions of such Creek and Bay, bounded and described as follows, are de- clared to be non-navigable waters of the United States: Beginning at the corner formed by the inter- section of the Westerly Line of Cropsey Ave- nue, and the Northernmost United States Pierhead Line of Coney Island Creek. Running thence south 12 degrees 41 minutes 03 seconds E and along the westerly line of Cropsey Avenue, 98.72 feet to the northerly channel line as shown on Corps of Engineers Map Numbered F. 150 and on Survey by Rogers and Giollorenzo Numbered 13959 dated October 31, 1986. Running thence in a westerly direction and along the said northerly channel line the fol- lowing bearings and distances: South 48 degrees 59 minutes 27 seconds west, 118.77 feet; south 37 degrees 07 minutes 01 sec- onds west, 232.00 feet; south 23 degrees 17 min- utes 10 seconds west, 430.03 feet; south 31 de- grees 25 minutes 46 seconds west, 210.95 feet; south 79 degrees 22 minutes 49 seconds west, 244.18 feet; north 55 degrees 00 minutes 29 sec- onds west, 183.10 feet; north 41 degrees 47 min- utes 04 seconds west, 315.16 feet; North 41 degrees 17 minutes 43 seconds west, 492.47 feet to the said Pierhead Line; thence north 73 degrees 58 minutes 40 seconds west and along said pierhead line, 2,665.25 feet to the intersection of the United States bulkhead line; Thence north 0 degree 19 minutes 35 seconds west and along the United States Bulkhead line 1,138.50 feet to the intersection of the westerly prolongation of the center line of 26th Avenue, Thence north 58 degrees 25 minutes 06 sec- onds east and along the center line of said 26th Avenue, 2,320.85 feet to the westerly line of Cropsey Avenue, then southeasterly and along the southerly line of Cropsey Avenue the fol- lowing bearings and distances: South 31 degrees 34 minutes 54 seconds east, 4,124.59 feet; and South 12 degrees 41 minutes 03 seconds east, 710.74 feet to the point or place of beginning. Coordinates and bearings are in the system as established by the United States Coast and Geo- detic Survey for the Borough of Brooklyn. The Secretary shall make the public interest deter- mination separately for each proposed project, using reasonable discretion, within 150 days after submission of appropriate plans for each proposed project. (b) Limits on applicability; regulatory require- ments The declaration under subsection (a) shall apply only to those parts of the areas described in subsection (a) of this section which are or will be bulkheaded and filled or otherwise occupied by permanent structures, including marina fa- cilities. All such work is subject to all applica- ble Federal statutes and regulations, including, but not necessarily limited to, sections 401 and 403 of this title, section 1344 of this title, and the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.]. (c) Expiration date If, 20 years from November 17, 1988, any area or part thereof described in subsection (a) of this section is not bulkheaded or filled or occupied by permanent structures, including marina fa- cilities, in accordance with the requirements set out in subsection (b) of this section, or if work in connection with any activity permitted in subsection (b) is not commenced within 5 years after issuance of such permits, then the declara-